tender document for refurbishment of twenty 20 passenger...

KENYA RAILWAYS

T E N D E R D O C U M E N T

FOR

REFURBISHMENT OF TWENTY (20) PASSENGER SLEEPER COACHES

TENDER NO. KRC/PLM/025/2017-2018

CLOSING DATE: Wednesday March 7, 2018 CLOSING TIME: 10:00 AM The Managing Director Kenya Railways P.O. Box 30121-00100 NAIROBI, KENYA

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INTRODUCTION Kenya Railways (KR) is a State Corporation in the Ministry of Transport, Infrastructure, and Housing and Urban Development. The corporation was established in 1978 under the Kenya Railways Corporation Act (cap 397) of the Laws of Kenya to provide an efficient and effective railway transportation services. The KR Strategic Plan 2017-2022 was formulated to provide the direction and strategies towards achieving the corporation and the Ministry’s destination for five years. One of the strategies is to move 8 million urban commuters per annum by 2022 for Nairobi-Embakasi, Nairobi-Kikuyu, Nairobi-Ruiru, and Nairobi-Syokimau routes. To achieve this, KR is undertaking rehabilitation and remodeling of its long distance passenger sleeper coaches which were stopped following the introduction of Makadara Express train on SGR between Nairobi and Mombasa. There are a total of forty (40) sleeper coaches earmarked for refurbishment. However, KR has selected twenty (20) second class sleeper coaches for refurbishment in the year 2017/18. In this regard, KR now invites tenders from competent qualified firms to bid for Refurbishment of twenty (20) Passenger Sleeper Coaches.

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TABLE OF CONTENTS

PAGE

INTRODUCTION……………………………… 2 SECTION I INVITATION FOR TENDERS……………… 4 SECTION II INSTRUCTIONS TO TENDERERS…………………………………. 7 – 24 SECTION III APPENDIX TO INSTRUCTIONS TO TENDERERS …………………………… 25 SECTION IV CONDITIONS OF CONTRACT, FOR

ELECTRICAL AND MECHANICAL WORKS (INCLUDING ERECTION

ON SITE) ……………………………………… 37 – 41 SECTION V SPECIFICATIONS…………………………… 42 – 45 SECTION VI DRAWINGS…………………………………… 46 SECTION VII BILLS OF QUANTITIES…………………… 47 – 52 SECTION VIII STANDARD FORMS………………………… 53– 77

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SECTION 1 – INVITATION TO TENDER Date: February 20, 2018 Tender No. KRC/PLM/025/2017-2018

TENDER NAME: REFURBISHMENT OF TWENTY (20) PASSENGER SLEEPER COACHES

1.1 The Kenya Railways (KR) intends to overhaul and refurbish twenty (20)

passenger sleeper coaches that will be remodeled for used to operate Nairobi Commuter Services (NCS).

1.2 The passenger sleeper coaches were procured by KR in 1983. The

coaches have previously being used in operating long distance passenger services.

1.3 The scope of works shall comprise of the following:

Body Repair, Stripping of interior coach component parts, Fabrication works, Floor repairs, Refurbishment, Electrical wiring, Interior fittings & Remodeling, Painting and Finishing, Upholstery, Coach Emergency Air Brake System and installation of flexible coach door step extension flap.

1.4 Therefore, KR invites sealed bids tenders from eligible Engineering/Vehicle firms experience in body repair, upholstery and interior coach aesthetics for refurbishment & remodeling of twenty (20) passenger sleeper coaches second class namely: 2318, 2303, 2325, 2326, 2310, 2321, 2340, 2335, 2320, 2333, 2332, 2336, 2309, 2314, 2324, 2304, 2339, 2301, 2306 and 2316.

1.5 Bidders shall inspect the sample sleeper coaches at Nairobi yard or KR

central workshop yard to enable them understand scope of the works required.

1.6 Interested eligible candidates can examine the tender document from the

KR website www.krc.co.ke and IFMIS website www.supplier.treasury.go.ke or obtain further information from the Procurement Manager’s Office 1st floor of Kenya Railways Headquarters during working hours.

1.7 The soft copies and downloaded copies will be issued to bidders free of

charge. Bidders who wish to obtain a hard copy of the tender document can do so from the same office upon payment of a sum of Kenya Shillings

http://www.krc.co.ke/

http://www.supplier.treasury.go.ke/

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1,000 (One Thousand) to KR account and obtain cash receipt from KR cashier. Details for KR accounts are as follows:

Account name: Kenya Railways Corporation Bank: Kenya Commercial Bank Branch: Moi Avenue, Nairobi. Account No. 1101706872 Swift: KCBLKENX

Payment can be made through Electronic Cash Transfer (ECT), or cash deposit to KR above.

1.8 Bidders who download the tender document from the website and intend

to submit a tender MUST register their interest immediately by sending an email to [email protected] stating their email and postal address as well as telephone numbers. KR will send any additional information or clarification to bidders who have registered or bought the tender documents only and post same to the website.

1.9 Prices should be in Kenya shillings or freely convertible currency and

shall be inclusive of local taxes and delivery costs. 1.10 The prices shall remain valid for ninety (120) days from the closing date

of the tender. 1.11 The tender must be accompanied by a tender security in the form and

amount specified in the tender document. 1.12 Completed tender documents are to be enclosed in plain sealed

envelopes, marked with the tender Name and Reference number AND addressed to: The Managing Director, Kenya Railways Corporation, P. O. Box 30121-00100, Nairobi and to be deposited in the Tender Box at the Reception Area at Kenya Railways Headquarters Block C, so as to be received on or before Wednesday March 7, 2018 at 10.00 hours (am) (East African Time).

1.13 Tenders will be opened immediately thereafter in the presence of the

candidates or their representatives who choose to attend at Sattima Conference Room on the 1st Floor, Kenya Railways Headquarters, Workshops Road, Nairobi.

mailto:[email protected]

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1.14 No bids other than the printed bids submitted as per bullet 1.12 above shall be considered for evaluation.

1.15 Tenderer must serialize all the pages in the bid document submitted, the format should be in numeric order (1,2,3,4,5……….to the last page) Indicating total number of pages submitted in the bid document cover page.

Lucy Njoroge Procurement Manager FOR: MANAGING DIRECTOR

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SECTION II:

INSTRUCTIONS TO TENDERERS

TABLE OF CLAUSES CLAUSE NUMBERS PAGE DESCRIPTION GENERAL 1. Definitions ………………………………………………… 9 2. Eligibility and Qualification Requirements ……….. 9 3. Cost of Tendering ……………………………………….. 11 4. Site Visit ………………………………………………….. 11

TENDER DOCUMENTS

5. Tender Documents …………………………………….. 12 6. Clarification of Tender Documents ………………… 12 7. Ammendments of Tender Documents ……………. 13

PREPARATION OF TENDER

8. Language of Tender …………………………………… 13 9. Documents Comprising the Tender ……………….. 13 10. Tender Prices …………………………………………… 14 11. Currencies of Tender and Payment ……………….. 15 12. Tender Validity …………………………………………. 15 13. Tender Surety ………………………………………….. 15 14. No Alternative Offers ………………………………….. 16 15. Pre-tender meeting ……………………………………… 16 16. Format and Signing of Tenders ………………………… 17

SUBMISSION OF TENDERS

17. Sealing and Marking of Tenders …………………… 18 18. Deadline and Submission of Tenders ……………. 18 19. Modification and Withdrawal of Tenders ………… 18

TENDER OPENING AND EVALUATION

20. Tender Opening ……………………………………… 19 21. Process to be Confidential ………………………… 19 22. Clarification of Tenders ……………………………. 19

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PAGE 23. Determination of Responsiveness …………………………………… 20 24. Correction of Errors …………………………………………………….. 20 25. Conversion to Single Currency ……………………………………….. 21 26. Evaluation and Comparison of Tenders …………………………….. 21

AWARD OF CONTRACT

27. Award ……………………………………………………………… 22 28. Notification of Award …………………………………………………….. 22 29. Performance Guarantee …………………………………………………. 23 30. Advance Payment ………………………………………………………. 23 31. Corrupt and Fraudulent Practice…………………………………………… 24 32. Conflict with the Act……………………………………………………… 24

Appendix to Instructions to Tenderers ……………………………….. 25

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INSTRUCTION TO TENDERERS Note: The tenderer must comply with the following conditions and instructions and failure to do so is liable to result in rejection of the tender. GENERAL 1. Definitions

(a) “Tenderer” means any person or persons partnership firm or company submitting a sum or sums in the Bills of Quantities in accordance with the Instructions to Tenderers, Conditions of Contract Parts I and II, Specifications, Drawings and Bills of Quantities for the work contemplated, acting directly or through a legally appointed representative.

(b) “Approved tenderer” means the tenderer who is approved by the Employer.

(c) Any noun or adjective derived from the word “tender” shall be read and

construed to mean the corresponding form of the noun or adjective “bid”. Any conjugation of the verb “tender” shall be read and construed to mean the corresponding form of the verb “bid.”

(d) “Employer” means a Central Government Ministry, Local Authority, State

Corporation or any other Public Institution. 2. Eligibility and Qualification Requirements

2.1 This invitation to tender is open to all tenderers who are eligible as stated in the appendix.

2.2 The procuring entity’s employees, committee members, board members and

their relative (spouse and children) are not eligible to participate in the tender.

2.3 To be qualified for award of Contract, the tenderer shall provide evidence satisfactory to the Employer of their eligibility under Sub clause 2.1 above and of their capability and adequacy of resources to effectively carry out the subject Contract. To this end, the tenderer shall be required to update the following information already submitted during prequalification:-

(a) Details of experience and past performance of the tenderer on the

works of a similar nature within the past five years and details of current work on hand and other contractual commitments.

(b) The qualifications and experience of key personnel proposed for

administration and execution of the contract, both on and off site.

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(c) Major items of construction plant and equipment proposed for use in carrying out the Contract. Only reliable plant in good working order and suitable for the work required of it shall be shown on this schedule. The tenderer will also indicate on this schedule when each item will be available on the Works. Included also should be a schedule of plant, equipment and material to be imported for the purpose of the Contract, giving details of make, type, origin and CIF value as appropriate.

(d) Details of subcontractors to whom it is proposed to sublet any portion

of the Contract and for whom authority will be requested for such subletting in accordance with clause 4 of the Conditions of Contract.

(e) A draft Program of Works in the form of a bar chart and Schedule of

Payment which shall form part of the Contract if the tender is accepted. Any change in the Program or Schedule shall be subjected to the approval of the Engineer.

(f) Details of any current litigation or arbitration proceedings in which the

Tenderer is involved as one of the parties.

2.4 Joint Ventures

Tenders submitted by a joint venture of two or more firms as partners shall comply with the following requirements:- (a) The tender, and in case of a successful tender, the Form of Agreement,

shall be signed so as to be legally binding on all partners.

(b) One of the partners shall be nominated as being in charge; and this authorization shall be evidenced by submitting a power of attorney signed by legally authorized signatories of all the partners.

(c) The partner in charge shall be authorized to incur liabilities and receive

instructions for and on behalf of any and all partners of the joint venture and the entire execution of the Contract including payment shall be done exclusively with the partner in charge.

(d) All partners of the joint venture shall be liable jointly and severally for

the execution of the Contract in accordance with the Contract terms, and a relevant statement to this effect shall be included in the authorization mentioned under (b) above as well as in the Form of Tender and the Form of Agreement (in case of a successful tender).

(e) A copy of the agreement entered into by the joint venture partners shall be submitted with the tender.

2.5 To quality for contract awards, the tenderer shall have the following:

(a) Necessary qualifications, capability experience, services, equipment and facilities to provide what is being procured.

(b) Legal capacity to enter into a contract for procurement

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(c) Shall not be insolvent, in receivership, bankrupt or in the process of being wound up and is not the subject of legal proceedings relating o the foregoing.

(d) Shall not be debarred from participating in public procurement.

3. Cost of Tendering

3.1 The tenderer shall bear all costs associated with the preparation and submission of his tender and the Employer will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the tendering process.

3.2 The price to be charged for the tender document shall not exceed Kshs.1,000/=

3.3 The procuring entity shall allow the tenderer to view the tender document free

of charge before purchase. 4. Site Visit

4.1 The tenderer is advised to visit and examine the Site and its surroundings and obtain for himself on his own responsibility, all information that may be necessary for preparing the tender and entering into a contract. The costs of visiting the Site shall be the tenderer’s own responsibility.

4.2 The tenderer and any of his personnel or agents will be granted permission by

the Employer to enter upon premises and lands for the purpose of such inspection, but only upon the express condition that the tenderer, his personnel or agents, will release and idemnify the Employer from and against all liability in respect of, and will be responsible for personal injury (whether fatal or otherwise), loss of or damage to property and any other loss, damage, costs and expenses however caused, which but for the exercise of such permission, would not have arisen.

4.3 The Employer shall organize a site visit at a date to be notified. A

representative of the Employer will be available to meet the intending tenderers at the Site.

Tenderers must provide their own transport. The representative will not be available at any other time for site inspection visits. Each tenderer shall complete the Certificate of Tenderer’s Visit to the Site, whether he in fact visits the Site at the time of the organized site visit or by himself at some other time.

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TENDER DOCUMENTS 5. Tender Documents

5.1 The Tender documents comprise the documents listed here below and should be read together with any Addenda issued in accordance with Clause 7 of these instructions to tenderers.

a. Form of Invitation for Tenders b. Instructions to Tenderers c. Form of Tender d. Appendix to Form of Tender e. Form of Tender Surety f. Statement of Foreign Currency Requirements g. Form of Performance Security h. Form of Agreement i. Form of Advance payment Bank Guarantee j. Schedules of Supplementary Information k. General Conditions of Contract – Part I l. Conditions of Particular Application – Part II m. Specifications n. Bills of Quantities o. Drawings p. Declaration Form

5.2 The tenderer is expected to examine carefully all instructions, conditions,

forms, terms, specifications and drawings in the tender documents. Failure to comply with the requirements for tender submission will be at the tenderer’s own risk. Pursuant to clause 22 of Instructions to Tenderers, tenders which are not substantially responsive to the requirements of the tender documents will be rejected.

5.3 All recipients of the documents for the proposed Contract for the purpose of

submitting a tender (whether they submit a tender or not) shall treat the details of the documents as “private and confidential”.

6. Inquiries by tenderers

6.1 A tenderer making inquiries relating to the tender documents may notify the Employer in writing or by telex, cable or facsimile at the Employer’s mailing address indicated in the Invitation to Tender. The Employer will respond in writing to any request for clarification which he receives earlier than 7 days prior to the deadline for the submission of tenders. Written copies of the Employer’s response (including the query but without identifying the source of the inquiry) will be sent to all prospective tenderers who have purchased the tender documents.

6.2 Clarification of tenders shall be requested by the tenderer to be received by the

procuring entity not later than 7 days prior to the deadline for submission of tenders.

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6.3 The procuring entity shall reply to any clarifications sought by the tenderer within 3 days of receiving the request to enable the tenderer to make timely submission of its tender.

7. Amendment of Tender Documents

7.1 At any time prior to the deadline for submission of tenders the Employer may, for any reason, whether at his own initiative or in response to a clarification requested by a prospective tenderer, modify the tender documents by issuing Addenda.

7.2 Any Addendum will be notified in writing or by cable, telex or facsimile to all

prospective tenderers who have purchased the tender documents and will be binding upon them.

7.3 In order to allow prospective tenderers reasonable time in which to take the

Addendum into account in preparing their tenders, the Employer may, at his discretion, extend the deadline for the submission of tenders.

PREPARATION OF TENDERS

8. Language of Tender

8.1 The tender and all correspondence and documents relating to the tender exchanged between the tenderer and the Employer shall be written in the English language. Supporting documents and printed literature furnished by the tenderer with the tender may be in another language provided they are accompanied by an appropriate translation of pertinent passages in the above stated language. For the purpose of interpretation of the tender, the English language shall prevail.

9. Documents Comprising the Tender

9.1 The tender to be prepared by the tenderer shall comprise:- i. The form of tender and appendix thereto.

ii. A tender security. iii. The priced Bill of Quantity and Schedule. iv. The information on eligibility and qualification. v. Any other materials required to be completed and submitted in accordance

with the instructions to tenderers.

The Forms, Bills of Quantities and Schedules provided in the tender documents shall be used without exception (subject to extensions of the schedules in the same format and to the provisions of clause 13.2 regarding the alternative forms of Tender Surety].

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10. Tender Prices

10.1 All the insertions made by the tenderer shall be made in INK and the tenderer shall clearly form the figures. The relevant space in the Form of Tender and Bills of Quantities shall be completed accordingly without interlineations or erasures except those necessary to correct errors made by the tenderer in which case the erasures and interlineations shall be initialed by the person or persons signing the tender.

10.2 A price or rate shall be inserted by the tenderer for every item in the Bills of

Quantities whether the quantities are stated or not items against which no rate or price is entered by the tenderer will not be paid for by the Employer when executed and shall be deemed covered by the rates for other items and prices in the Bills of Quantities. The prices and unit rates in the Bills of Quantities are to be the full [all-inclusive] value of the work described under the items, including all costs and expenses which may be necessary and all general risks, liabilities and obligations set forth or implied in the documents on which the tender is based. All duties and taxes and other levies payable by the Contractor under the Contract or for any other cause prior to the deadline for the submission of tenders, shall be included in the rates and prices and the total tender prices submitted by the Tenderer. Each price or unit rate inserted in the Bills of Quantities should be a realistic estimate for completing the activity or activities described under that particular item and the tenderer is advised against inserting a price or rate against any item contrary to this instruction. Every rate entered in the Bills of Quantities, whether or not such rate be associated with a quantity, shall form part of the Contract. The Employer shall have the right to call for any item of work contained in the Bills of Quantities, and such items of work to be paid for at the rate entered by the tenderer and it is the intention of the Employer to take full advantage of unbalanced low rates.

10.3 Unless otherwise specified the tenderer must enter the amounts representing 10% of the sub-total of the summary of the Bills of Quantities for Contingencies and Variation of Prices[V.O.P.] payments in the summary sheet and add them to the sub-total to arrive at the tender amount.

10.4 The tenderer shall furnish with his tender written confirmation from his

suppliers or manufacturers of unit rates for the supply of items listed in the Conditions of Contract clause 47 where appropriate.

10.5 The rates and prices quoted by the tenderer are subject to adjustment during

the performance of the Contract only in accordance with the provisions of the Conditions of Contract. The tenderer shall complete the schedule of basic

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rates and shall submit with his tender such other supporting information as required under clause 47 of the Conditions of Contract Part II.

11. Currencies of Tender and Payment

11.1 Tenders shall be priced in Kenya Shillings and the tender sum shall be in

Kenya Shillings. 11.2 Tenderers are required to indicate in the Statement of Foreign Currency

Requirements, which forms part of the tender, the foreign currency required by them. Such currency should generally be the currency of the country of the tenderer’s main office. However, if a substantial portion of the tenderer’s expenditure under the Contract is expected to be in countries other than his country of origin, then he may state a corresponding portion of the contract price in the currency of those other countries. However, the foreign currency element is to be limited to two (2) different currencies and a maximum of 30% (thirty percent) of the Contract Price.

11.3 The rate or rates of exchange used for pricing the tender shall be selling rate or

rates of the Central Bank ruling on the date thirty (30) days before the final date for the submission of tenders.

11.4 Tenderers must enclose with their tenders, a brief justification of the foreign

currency requirements stated in their tenders. 12. Tender Validity

12.1 The tender shall remain valid and open for acceptance for a period of sixty

(60) days from the specified date of tender opening or from the extended date of tender opening (in accordance with clause 7.4 here above) whichever is the later.

12.2 In exceptional circumstances prior to expiry of the original tender validity

period, the Employer may request the tenderer for a specified extension of the period of validity. The request and the responses thereto shall be made in writing or by cable, telex or facsimile. A tenderer may refuse the request without forfeiting his Tender Surety. A tenderer agreeing to the request will not be required nor permitted to modify his tender, but will be required to extend the validity of his Tender Surety correspondingly.

13. Tender Security

13.1 The tenderer shall furnish as part of his tender, a Tender Security in the

amount and form stated in the Appendix to Instructions to Tenderers. 13.2 The tender security shall not exceed 2 percent of the tender price. 13.3 The tender security shall be valid for at least thirty (30) days beyond the tender

validity period.

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The format of the Surety shall be in accordance with the sample form of Tender Surety included in these tender documents; other formats may be permitted subject to the prior approval of the Employer. The Tender Surety shall be valid for thirty (30) days beyond the tender validity period.

13.4 Any tender not accompanied by an acceptable Tender Surety will be rejected

by the Employer as non-responsive.

13.5 The Tender Sureties of unsuccessful tenderers will be returned as promptly as possible but not later than fourteen (14) days after concluding the Contract execution and after a Performance Security has been furnished by the successful tenderer. The Tender Surety of the successful tenderer will be returned upon the tenderer executing the Contract and furnishing the required Performance Security.

13.6 The Tender Surety may be forfeited:

(a) if a tenderer withdraws his tender during the period of tender validity:

or

(b) in the case of a successful tenderer, if he fails

(i) to sign the Agreement, or (ii) to furnish the necessary Performance Security

(c) if a tenderer does not accept the correction of his tender price pursuant

to clause 23. 14. No Alternative Offers

14.1 The tenderer shall submit an offer which complies fully with the requirements

of the tender documents unless otherwise provided for in the appendix.

Only one tender may be submitted by each tenderer either by himself or as partner in a joint venture.

14.2 The tenderer shall not attach any conditions of his own to his tender. The

tender price must be based on the tender documents. The tenderer is not required to present alternative construction options and he shall use without exception, the Bills of Quantities as provided, with the amendments as notified in tender notices, if any, for the calculation of his tender price.

Any tenderer who fails to comply with this clause will be disqualified.

15. Pre-Tender Meeting

15.1 If a pre tender meeting is convened the tenderer’s designated representative is

invited to attend a pre-

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tender meeting, which if convened, will take place at the venue and time stated in the Invitation to Tender. The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.

15.2 The tenderer is requested as far as possible to submit any questions in writing

or by cable, to reach the Employer not later than seven days before the meeting. It may not be practicable at the meeting to answer questions received late, but questions and responses will be transmitted in accordance with the following:

(a) Minutes of the meeting, including the text of the questions raised and

the responses given together with any responses prepared after the meeting, will be transmitted without delay to all purchasers of the tender documents. Any modification of the tender documents listed in -–Clause 9 which may become necessary as a result of the pre-tender meeting shall be made by the Employer exclusively through the issue of a tender notice pursuant to Clause 7 and not through the minutes of the pre-tender meeting.

(b) Non attendance at the pre-tender meeting will not be cause for disqualification of a bidder.

16. Format and Signing of Tenders

16.1 The tenderer shall prepare his tender as outlined in clause 9 above and mark

appropriately one set “ORIGINAL” and the other “COPY”. 16.2 The copy of the tender and Bills of Quantities shall be typed or written in

indelible ink and shall be signed by a person or persons duly authorized to sign on behalf of the tenderer. All pages of the tender where amendments have been made shall be initialed by the person or persons signing the tender.

16.3 The complete tender shall be without alterations, interlineations or erasures,

except as necessary to correct errors made by the tenderer, in which case such corrections shall be initialed by the person of persons signing the tender.

SUBMISSION OF TENDERS

17. Sealing and Marking of Tenders

17.1 The tenderer shall seal the original and copy of the tender in separated

envelopes, duly marking the envelopes as “ORIGINAL” and “COPY”. The envelopes shall then be sealed in an outer envelope.

17.2 The inner and outer envelopes shall be addressed to the Employer at the

address stated in the Appendix to Instructions to Tenderers and bear the name and identification of the Contract stated in the said Appendix with a warning

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not to open before the date and time for opening of tenders stated in the said Appendix.

17.3 The inner envelopes shall each indicated the name and address of the tenderer to enable the tender to be returned unopened in case it is declared “late”, while the outer envelope shall bear no mark indicating the identity of the tenderer.

17.4 If the outer envelope is not sealed and marked as instructed above, the

Employer will assume no responsibility for the misplacement or premature opening of the tender. A tender opened prematurely for this cause will be rejected by the Employer and returned to the tenderer.

18 Deadline for Submission of Tenders

18.1 Tenders must be received by the Employer at the address specified in clause

17.2 and on the date and time specified in the Letter of Invitation, subject to the provisions of clause 7.4, 18.2 and 18.3.

Tenders delivered by hand must be placed in the “tender box” provided in the office of the Employer.

Proof of posting will not be accepted as proof of delivery and any tender delivered after the above stipulated time, from whatever cause arising will not be considered.

18.2 The Employer may, at his discretion, extend the deadline for the submission of

tenders through the issue of an Addendum in accordance with clause 7, in which case all rights and obligations of the Employer and the tenderers previously subject to the original deadline shall thereafter be subject to the new deadline as extended.

18.3 Any tender received by the Employer after the prescribed deadline for

submission of tender will be returned unopened to the tenderer. 19 Modification and Withdrawal of Tenders

19.1 The tenderer may modify or withdraw his tender after tender submission,

provided that written notice of the modification or withdrawal is received by the Employer prior to prescribed deadline for submission of tenders.

19.2 The tenderer’s modification or withdrawal notice shall be prepared, sealed,

marked and dispatched in accordance with the provisions for the submission of tenders, with the inner and outer envelopes additionally marked “MODIFICATION” or “WITHDRAWAL” as appropriate.

19.2 No tender may be modified subsequent to the deadline for submission of

tenders.

19.3 No tender may be withdrawn in the interval between the deadline for submission of tenders and the period of tender validity specified on the tender

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form. Withdrawal of a tender during this interval will result in the forfeiture of the Tender Surety.

19.4 Subsequent to the expiration of the period of tender validity prescribed by the

Employer, and the tenderer having not been notified by the Employer of the award of the Contract or the tenderer does not intend to conform with the request of the Employer to extend the prior of tender validity, the tenderer may withdraw his tender without risk of forfeiture of the Tender Surety.

TENDER OPENING AND EVALUATION

20 Tender Opening

20.1 The Employer will open the tenders in the presence of the tenderers’

representatives who choose to attend at the time and location indicated in the Letter of Invitation to Tender. The tenderers’ representatives who are present shall sign a register evidencing their attendance.

20.2 Tenders for which an acceptable notice of withdrawal has been submitted,

pursuant to clause 19, will not be opened. The Employer will examine the tenders to determine whether they are complete, whether the requisite Tender Sureties have been furnished, whether the documents have been properly signed and whether the tenders are generally in order.

20.3 At the tender opening, the Employer will announce the tenderer’s names, total tender price, tender price modifications and tender withdrawals, if any, the presence of the requisite Tender Surety and such other details as the Employer, at his discretion, may consider appropriate. No tender shall be rejected at the tender opening except for late tenders.

20.4 The Employer shall prepare a tender opening register and minutes of the

tender opening including the information disclosed to those present.

20.5 Tenders not opened and read out a tender opening shall not be considered further for evaluation, irrespective of the circumstances.

21 Process to be Confidential

21.1 After the public opening of tenders, information relating to the examination,

clarification, evaluation and comparisons of tenders and recommendations concerning the award of Contract shall not be disclosed to tenderers or other persons not officially concerned with such process until the award of Contract is announced.

21.2 Any effort by a tenderer to influence the Employer in the process of examination, evaluation and comparison of tenders and decisions concerning award of Contract may result in the rejection of the tenderer’s tender.

22 Clarification Tenders

22.1 To assist in the examination, evaluation and comparison of tenders, the

Employer may ask tenderers individually for clarification of their tenders,

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including breakdown of unit prices. The request for clarification and the response shall be in writing or by cable, facsimile or telex, but no change in the price or substance of the tender shall be sought, offered or permitted except as required to confirm the correction of arithmetical errors discovered by the employer during the evaluation of the tenders in accordance with clause 24.

22.2 No Tenderer shall contact the Employer on any matter relating to his tender

from the time of the tender opening to the time the Contract is awarded. If the tenderer wishes to bring additional information to the notice of the Employer, he shall do so in writing.

23 Determination of Responsiveness

23.1 Prior to the detailed evaluation of tenders, the Employer will determine

whether each tender is substantially responsive to the requirements of the tender documents.

23.2 For the purpose of this clause, a substantially responsive tender is one which

conforms to all the terms, conditions and specifications of the tender documents without material deviation or reservation. A material deviation or reservation is one which affects in any substantial way the scope, quality, completion timing or administration of the Works to be undertaken by the tenderer under the Contract, or which limits in any substantial way, inconsistent with the tender documents, the Employer’s rights or the tenderers obligations under the Contract and the rectification of which would affect unfairly the competitive position of other tenderers who have presented substantially responsive tenders.

23.3 Each price or unit rate inserted in the Bills of Quantities shall be a realistic

estimate of the cost of completing the works described under the particular item including allowance for overheads, profits and the like. Should a tender be seriously unbalanced in relation to the Employer’s estimate of the works to be performed under any item or groups of items, the tender shall be deemed not responsive.

23.4 A tender determined to be not substantially responsive will be rejected by the

Employer and may not subsequently be made responsive by the tenderer by correction of the non-conforming deviation or reservation.

24 Correction of Errors

Tenders determined to be substantially responsive shall be checked by the Employer for any arithmetic errors in the computations and summations. Errors will be corrected by the Employer as follows:

(a) Where there is a discrepancy between the amount in figures and the

amount in words, the amount in words will govern.

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(b) Where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will prevail, unless in the opinion of the Employer, there is an obvious typographical error, in which case adjustment will be made to the entry containing that error.

(c) The amount stated in the tender will be adjusted in accordance with the

above procedure for the correction of errors and, with concurrence of the tenderer, shall be considered as binding upon the tenderer. If the tenderer does not accept the corrected amount, the tender may be rejected and the Tender Security may be forfeited in accordance with clause 13.

25 Conversion to Single Currency

25.1 For compensation of tenders, the tender price shall first be broken down into

the respective amounts payable in various currencies by using the selling rate or rates of the Central Bank of Kenya ruling on the date twenty one (21) days before the final date for the submission of tenders.

25.2 The Employer will convert the amounts in various currencies in which the

tender is payable (excluding provisional sums but including Dayworks where priced competitively) to Kenya Shillings at the selling rates stated in clause 25.1.

26 Evaluation and Comparison of Tenders

26.1 The Employer will evaluate only tenders determined to be substantially

responsive to the requirements of the tender documents in accordance with clause 23.

26.2 In evaluating tenders, the Employer will determine for each tender the

evaluated tender price by adjusting the tender price as follows:

(a) Making any correction for errors pursuant to clause 24.

(b) Excluding Provisional Sums and provision, if any, for Contingencies in the Bills of Quantities, but including Day works where priced competitively.

26.3 The Employer reserves the right to accept any variation, deviation or

alternative offer. Variations, deviations, alternative offers and other factors which are in excess of the requirements of the tender documents or otherwise result in the accrual of unsolicited benefits to the Employer, shall not be taken into account in tender evaluation.

26.4 Price adjustment provisions in the Conditions of Contract applied over the

period of execution of the Contract shall not be taken into account in tender evaluation.

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26.5 If the lowest evaluated tender is seriously unbalanced or front loaded in

relation to the Employer’s estimate of the items of work to be performed under the Contract, the Employer may require the tenderer to produce detailed price analyses for any or all items of the Bills of Quantities, to demonstrate the relationship between those prices, proposed construction methods and schedules. After evaluation of the price analyses, the Employer may require that the amount of the Performance Security set forth in clause 29 be increased at the expense of the successful tenderer to a level sufficient to protect the Employer against financial loss in the event of subsequent default of the successful tenderer under the Contract.

26.6 Firms incorporated in Kenya where indigenous Kenyans own 51% or more of

the share capital shall be allowed a 10% preferential bias provided that they do not sub-contract work valued at more than 50% of the Contract Price excluding Provisional Sums to a non-indigenous sub-contractor.

26.7 The tender evaluation committee shall evaluate the tender within 30 days of

the validity period from the date of opening the tender.

26.8 Persons not officially involved in the evaluation of tender shall not attempt in any way to influence the evaluation.

27. Preference where allowed in the evaluation of tenders shall not exceed 15% AWARD OF CONTRACT 28 Award criteria 28.1 Subject to clause 27.2, the Employer will award the Contract to the tenderer whose

tender is determined to be substantially responsive to the tender documents and who has offered the lowest evaluated tender price subject to possessing the capability and resources to effectively carry out the Contract Works.

28.2 The Employer reserves the right to accept or reject any tender, and to annual the tendering process and reject all tenders, at any time prior to award of Contract, without thereby incurring any liability to the affected tenderers or any obligation to inform the affected tenderers of the grounds for the Employer’s action.

29. Notification of Award and signing of contract 29.1 Prior to the expiration of the period of tender validity prescribed by the Employer, the

Employer will notify the successful tenderer by cable, telefax or telex and confirmed in writing by registered letter that his tender has been accepted. This letter (hereinafter and in all Contract documents called “Letter of Acceptance”) shall name the sum(hereinafter and in all Contract documents called “the Contract Price”) which the Employer will pay to the Contractor in consideration of the execution and completion of the Works as prescribed by the Contract.

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29.2 Upon the furnishing of a Performance Security by the successful tenderer, the unsuccessful tenderers will promptly be notified that their tenders have been unsuccessful.

29.3 At the same time the employer notifies the successful tenderer that his tender has been

accepted, the employer shall notify the other tenderers that their tender s have been unsuccessful.

29.4 Within fourteen [14] days of receipt of the form of Contract Agreement from the

Employer, the successful tenderer shall sign the form and return it to the Employer together with the required Performance Security.

29.5 The parties to the contract shall have it signed within 30 days from the date of

notification of contract award unless there is an administrative review request. 29.6 A tenderer who gives false information in the tender document about is qualification

or who refuses to enter into a contract after notification of contract award shall be considered for debarment from participating in future public procurement.

30. Performance Guarantee 30.1 Within twenty eight [28] days of receipt of the notification of award from the

Employer, the successful tenderer shall furnish the Employer with a Performance Security in an amount stated in the Appendix to Instructions to Tenderers.

30.2 The Performance Security to be provided by the successful tenderer shall be an

unconditional Bank Guarantee issued at the tenderer’s option by an established and a reputable Bank approved by the Employer and located in the Republic of Kenya and shall be divided into two elements namely, a performance security payable in foreign currencies (based upon the exchange rates determined in accordance with clause 35.4 of the Conditions of Contract) and a performance security payable in Kenya Shillings. The value of the two securities shall be in the same proportions of foreign and local currencies as requested in the form of foreign currency requirements.

30.3 Failure of the successful tenderer to lodge the required Performance Security shall

constitute a breach of Contract and sufficient grounds for the annulment of the award and forfeiture of the Tender Security and any other remedy under the Contract the Employer may award the Contract to the next ranked tenderer.

31. Advance Payment

An advance payment, if approved by the Employer, shall be made under the Contract, if requested by the Contractor, in accordance with clause 33.1 of the Conditions of Contract. The Advance Payment Guarantee shall be denominated in the proportion and currencies named in the form of foreign currency requirements. For each currency, a separate guarantee shall be issued. The guarantee shall be issued by a bank located in the Republic of Kenya, or a foreign bank through a correspondent bank located in the Republic of Kenya, in either case subject to the approval of the Employer.

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33. Corrupt and fraudulent practices. The procuring entity requires that tenderers observe the highest standard of ethics during the procurement process and execution of contract. A tenderer shall sign a declaration that he has not and will not be involved in corrupt or fraudulent practices.

32 Conflict with the Act

Where there is a discrepancy between any provision in this tender document and a provision in the Public Procurement and Assets Disposal Act, 2015, the provision of the Act shall prevail.

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SECTION III

APPENDIX TO INSTRUCTIONS TO TENDERERS

The following appendix to instructions to tenders shall complement or amend the provisions of the instructions to tenderers (Section II). Wherever there is a conflict between the provisions of the instructions to tenderers and the appendix, the provisions of the appendix herein shall prevail over those of the instructions to tenderers.

A. TENDER DATA SHEET

CLAUSE

1(d) Employer Kenya Railways P. O. Box 30121-00100 Nairobi, Kenya

1(e) Engineering Firm

“Engineering firm” means a company or contractor or manufacturer dealing with electro-mechanical works and has been involved in welding; electrical works; fabrication; installation of mechanical and electrical equipment; and air brake systems.

2.1 All local and international applicants are eligible provided they meet the mandatory, technical, financial and capability criteria and are not debarred from participating in public procurement in Kenya.

2.3 Qualification Criteria 9.1 Information on eligibility and qualification

(i) Applicants must provide information and evidence that they are eligible and qualified to undertake and complete the works within the contract period. (ii) Applicants shall be post qualified based on information and requirements submitted with the tender against the qualification criteria. (iii) The Applicant shall attach with his tender a separately bound information on eligibility and qualification titled “Qualification Documents” in “ORIGINAL” & THREE “COPIES”

3.2 Cost of Tendering

The soft copies and downloaded copies will be issued to bidders free of charge. Bidders who wish to obtain a hard copy of the tender document can do so from the same office upon payment of a sum of Kenya Shillings 1,000 (One Thousand) to KR account and obtain cash

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receipt from KR cashier. Details for KR accounts are as follows: Account name: Kenya Railways Corporation Bank: Kenya Commercial Bank Branch: Moi Avenue, Nairobi. Account No. 1101706872 Swift: KCBLKENX

Payment can be made through Electronic Cash Transfer (ECT), or cash deposit to KR account above. Bidders may download the tender document from website MUST register their interest immediately by sending a mail to [email protected] stating their email, postal address, telephone numbers and name of the contact persons. Only candidates so registered will be advised of any subsequent additional information, clarifications or amendments.

15.1 Pre-tender Meeting

A pre-tender meeting will be held at Kenya Railways Headquarters on Thursday March 1, 2018 at 10:00 AM.

7.2 Amendments & Addendum

Any Addendum will be notified in writing to prospective tenders who will have registered either by email, letter, and facsimile or by signing specific register in Procurement Manager’s Office.

10.3 The summary of the Bills of Quantities shall be the total amount of the sub totals arrived at the tender amount which shall be the contract price.

11.1 Currency of Tender

The tender should be priced in Kenya Shillings or any other freely convertible currency.

11.3 Rate of Exchange

Delete “thirty (30) days” and insert “seven (7) days.”

12.1 Tender Validity Delete “sixty (60) days” and insert “One Hundred and Twenty (120) days”

13.1 Tender Security Tender Security Kshs. 3,000,000.00 from a Commercial Bank Registered in Kenya Valid for at least Thirty (30) days beyond the tender validity period.

17.2 The Name & Address of Employer; Tender Name and Number

The Managing Director, Kenya Railways Corporation, P.O. Box 30121-00100, Workshop Road off Haile Selassie Road, NAIROBI.

mailto:[email protected]

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Refurbishment of Twenty (20) Passenger Sleeper Coaches KRC/PLM/025/2017-2018

28 Award Criteria Add: 28.3 The procuring entity shall carry out due

diligence on the successful bidder before award to ascertain the information provided.

29 Notification of Award

For greater certainty, a notification of award does not form a contract nor reduce the validity period for a tender or tender security until a written Contract is entered into.

30.1 Performance Guarantee

The amount of Performance Security shall be 10% the Contract Price denominated in Kenya shillings or any other freely convertible currency.

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B. TENDER EVALUATION CRITERIA

Kenya Railways shall evaluate the Tenders submitted in accordance with the Provisions of Public Procurement and Asset Disposal Act, 2015 and the Tender Evaluation Criteria Set out as follows;

A. EVALUATION OF PRELIMINARY / MANDATORY REQUIREMENTS Requirements Criteria 1 Copy of Registration certificates/Incorporation

certificate under the companies Act. Mandatory

2 Copy of Valid KRA Tax Compliance Certificates. Mandatory 3 Bidders MUST Fill, Sign and Stamp their Form of

Tender. Mandatory

4 Bidders MUST complete and sign the Confidential Business Questionnaire indicating the names and ownership of all the Directors as appropriate.

Mandatory

5 Bidders MUST attend site visit at their own convenience and have the Tender Site Visit form filled signed and stamped by authorized KR officer.

Mandatory

6 Bidders MUST fill; sign and stamp the Litigation History declaration form. The form must be filled, signed and stamped even where there are no existing cases for the last five years.

Mandatory

7 Bidder MUST fill, sign and stamp the Integrity Declaration Forms provided in the Tender Document.

Mandatory

8 Tender Security of Kshs.3,000,000.00 from a Commercial Bank Registered in Kenya.

Mandatory

9 Provide certified Audited accounts for the last 3 consecutive financial years: 2016/2015/2014.

Mandatory

10 The Bidder MUST have an annual Turnover of Kshs. 250 Million in each of the last three years Certified Audited Accounts provided.

Mandatory

11 Bidder MUST submit 1 original copy & 3 copies of tender Document.

Mandatory

12 Bidders should have their documents paginated (Serialized) to ensure compliance with section 74 (1) (i) of the Public Procurement and Asset Disposal Act, 2015. (In format 1,2,3,4,…….. Last page) Indicate Total Number of Pages Submitted on the Bid Document Cover Page.

Mandatory

13 Bidders MUST provide a written undertaking addressed to MD Kenya Railways to dispose of the waste from stripped coaches in conformity with the

Mandatory

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Public Health Act and Occupational Health and Safety regulations.

14 Joint Venture and Consortium Only In case of a Joint Venture / Consortium, a copy of the JV/ Consortium agreement Must be submitted. The agreement must be signed by all parties and certified by a commissioner of Oaths. The members of the JV or Consortium Must provide their qualification documents above.

Mandatory

Only Bidders who meet all the Mandatory requirements will proceed to the next stage of evaluations: Technical Evaluation stage.

B. TECHNICAL EVALUATION (100 Marks)

S/No Description Requirement Score 1 Specific

experience of the firm

The firm must provide evidence of at three (3) similar engineering works undertaken in the last ten (10) years, of which:

a. At least one such similar

assignment (works) shall be of minimum value KES. One Hundred and Fifty Million (KES.150,000,000) only. (14 Marks)

b. The remaining two (2) similar

assignments (works) shall be of minimum value KES. Fifty Million (50,000,000) each. (5 Marks)

c. As evidence Bidders must

attach copies of the contracts certified by Commissioner of Oaths for each of the three (3) submitted assignment clearly indicating;

• Details of the assignment

• Name and contact address of the client

• Value of the assignment,

• Period covered to undertake the

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assignment. • Evidence of successful

completion i.e. Completion Certificate or Partial Completion Certificate. (Indicate the % of Completion).

The Information should be provided in Form X provided in the tender document. Certificate. (2 Marks Each) Note: Bidders will only be evaluated and scored for requirement (a) and (b) for the assignment meeting the requirement and Certified copies of the Contract attached only.

2. Work Plan and Methodology

The firm should provide a logical, well-structured work plan consistent with the time frame for the refurbishment works and demonstrate: a. Provide a clear statement to

demonstrate that the bidder understands the Terms of Reference / Scope of refurbishment works. (Detailed Write up)

5

b. Provide a Methodology clearly indicating a detailed description of the project activities and how each activity will be undertaken.

15

c. Logical Work plan that clearly indicate timeframes and deliverables for each activity.

15

d. Organization: Company profile clearly indicating the management and work flow process. Attach a detailed Company Organogram.

5

3 Qualification and Experience

Bidders are required to provide Demonstrate the qualification of Two Key Personnel by attaching Certified copies of Curriculum Vitae (CV),

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of Key Personnel

Educational, professional and Practicing license for the two (2) key professional staff, of whom one will be the Project Team Leader (PTL) responsible for the day-to-day management of the project, with requisite qualification and experience as detailed below: a. KEY PROFESSIONAL

STAFF: MECHANICAL ENGINEER He/she must be a Registered Professional Mechanical Engineer with the Engineers Board of Kenya (EBK) or an equivalent accreditation institution in their country of origin. The bidder must attach: • Copy of degree Certificate

duly certified by a Commissioner of Oaths. (5 Marks)

• Copy of current professional registration/practicing license duly certified by a Commissioner of Oaths. (5 Marks)

• At least ten (10) years post qualification experience as detailed in the CV in format provided in the tender document (FORM Y). (5 Marks)

b. KEY PROFESSIONAL

STAFF: ELECTRICAL ENGINEER He/she must be a Registered Professional Electrical Engineer with the Engineers Board of Kenya (EBK) or an equivalent accreditation institution in their country of origin. The bidder must attach: • Copy of degree Certificate

duly certified by a

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Commissioner of Oaths. (5 Marks)

• Copy of professional registration/practicing license duly certified by a Commissioner of Oaths. (5 Marks)

• At least ten (10) years post qualification experience as detailed in the CV in the format provided in the tender document (FORM Y). (5 Marks)

Bidders must score at least 70% in Technical Evaluation to proceed for Financial Evaluation

C. FINANCIAL EVALUATION Criteria – Least Cost Method shall be used. Note: Bidders shall be required to price all items as indicated in the Bill of Quantities for their bids to be considered for financial evaluation. Pursuant to Section 82 of Public Procurement and Assets Disposal Act, 2015; “The tender sum as submitted and read out during the tender opening shall be absolute and final and shall not be the subject of correction, adjustment or amendment in any way by any person or entity.” Any bid with arithmetic errors, omissions or deviations from KR requirement will be treated as non-responsive and will not be subjected to financial evaluation. POST QUALIFICATION Pursuant to Sec 83 of the PPAD Act, 2015 KR shall conduct a Due Diligence to ascertain the information provided by the bidders To facilitate due diligence; • The Bidder Must provide details of the three (3) reference sites where they

have implemented coach refurbishment or similar works and which have been cited in FORM X provided in the tender document.

• Bidders Must provide information on their current commitments on all contracts that have been awarded, or for which a letter of intent or acceptance has been received, or for contracts approaching completion,

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but for which an unqualified, full completion certificate has yet to be issued in format provided below.

Name of contract

Employer, contact address/tel/fax

Value of outstanding work Kes

Estimated completion date

Average monthly invoicing over last six months. Kes

1.

2.

3.

4.

5.

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FIRM’S REFERENCES (FORM X)

Relevant Services Carried Out in the Last Ten Years That Best Illustrate Qualifications

Using the format below, provide information on each assignment for which your firm either individually, as a corporate entity or in association, was legally contracted. Assignment Name: Country Location within Country: Professional Staff provided by Your Firm/Entity(profiles): Name of Client: Clients contact person for the assignment. Address: No of Staff-Months; Duration of Assignment: Start Date (Month/Year): Completion Date Approx. Value of Contract (Kshs) (Month/Year): Name of Associated Consultants. If any: No of Months of Professional Staff provided by Associated Consultants: Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions Performed: Narrative Description of project: Description of Actual Works Provided by Your Staff: Firm’s Name: ___________________________________ Name and title of signatory; ________________________

(May be amended as necessary)

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FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF (FORM Y)

Proposed Position:__________________________________________________ Name of Firm: _____________________________________________________ Name of Staff: ______________________________________________________ Profession: ________________________________________________________ Date of Birth: _______________________________________________________ Years with Firm: ___________________________ Nationality: _______ Membership in Professional Societies: Detailed Tasks Assigned: _____________________________________ Key Qualifications: [Give an outline of staff member’s experience and training most pertinent to tasks on assignment. Describe degree of responsibility held by staff member on relevant previous assignments and give dates and locations]. Education: [Summarize college/university and other specialized education of staff member, giving names of schools, dates attended and degree[s] obtained.] Employment Record: [Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, names of employing organizations, titles of positions held, and locations of assignments.] Certification: I, the undersigned, certify that these data correctly describe me, my qualifications, and my experience. ____________________________________________________ Date: ____ [Signature of staff member] __________________________________________ Date; ______________ [Signature of authorized representative of the firm] Full name of staff member: _____________________________________________________ Full name of authorized representative: _________________________________________

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2. Proof of Firm staffing experience and capabilities (FORM Z): (30 marks)

The bidder is required to provide names and positions of the Two (2) staff with relevant qualifications to be engaged for the assignment. The experts should be registered by the EBK. The Bidder will commit to replacing the same with persons of similar qualifications and experience should it become necessary. Bidder should attach CVs in the format provided in Form Y for the staff (5 marks for each). Certified Copies of professional certificates and practicing license for the Two (2) staff (10 marks each). Provide the details of the two Key personnel on Key Personnel Form below.

1. Key Personnel Form

Name Position Task

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SECTION III

CONDITIONS OF CONTRACT (Including erection on site)

PART I – GENERAL CONDITIONS PART I – General Conditions, shall be those forming Part I of the “Conditions of Contract for Electrical and Mechanical Works – Including Erection on Site, Thirth Edition 1987, re-printed 1988 with Editorial Amendments” prepared by the Federation Internationale des Ingenieurs – conseils (FIDIC). The Conditions are subject to variations and additions set out in Part II hereof entitled “Special Conditions”.

Note i. The standard text of the General Conditions of Contract must be retained intact to

facilitate its reading and interpretation by tenderers. Any amendments and additions to the General Conditions, specific to a given Contract, should be introduced in the Special Conditions or in the Appendix to Form of Tender.

ii. The Special Conditions take precedence over the General Conditions of Contract. iii. Copies of the FIDIC Conditions of Contract can be obtained from:

FIDIC Secretariat P.O.Box 86 1000 Lausanne 12 Switzerland

Fax: 41 21 653 5432 Telephone 41 21 653 5003

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PART II – SPECIAL CONDITIONS (The Clauses referred to in Part II – Section A are those where the provision in the General Conditions (Part I) refer to an alternative solution to be stated in Part II. The provisions in the General Conditions will apply unless an alternative solution is given in Part II – Section A. The clauses in this section need therefore not be completed, but must be completed if alternative solutions to the relevant Part I provisions are necessary.) 1. Conditions Precedent to Commencement (Sub-clause 1.1.1.)

The following financial and administrative requirements are conditions precedent to Commencement.

1. Provision of an acceptable Performance Security/ Guarantee in form and value;

2. Taking out Insurance for the work, employees and third party. 2. Definitions (Sub-clause 1.1)

The Engineer is: The Equipment & Rolling Stock Manager in the Employer’s organization and shall carry out the duties assigned to him in the Contract.

3. Engineer’s Duties (Sub-clause 2.1.)

The Engineer shall obtain the specific approvals of the Employer before carrying out his duties in accordance with the following clauses of Part 1: 1. Clause 40.1 Suspend the Works 2. Clause 43.1 Extension of Time for Completion. 3. Clause 51.1 & 52.3 Approval of Variations in excess of 25% the

contract amount; 4. Applicable Law & Language (Sub-clause 5.1(a) and Sub-clause

5.1(b))

Sub-clause 5.1(a): The language for day to day communications is English

Sub-clause 5.1(b)): Applicable Law is Laws of the Republic of Kenya 5. Operation and Maintenance Manuals (Sub-clause 6.6.) Add new clause

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The Contractor shall for new sub-assemblies and plants that are distinctly different from those originally in the Rolling Stock, submit to the ER the suppliers/manufacturers Operation and Maintenance (O&M) Manuals. The O&M Manuals shall be in English language.

6. Manufacturing/ Remodeling/Refurbishment Drawings (Sub-clause 6.7.) Add new sub-clause

The Contractor shall be required to prepare, at his own cost which cost shall be deemed to have been included in the contract rates, as-built/ modification drawings showing details of the new remodeling of the Rolling Stock and indicating the Asset numbers of the Rolling Stock for which the drawings refer. The Drawings shall be in reproducible format (negative) or in Computer Aided Design format (CAD), in the latter case the Contractor shall submit drawings in CD.

7. Performance Security (Sub-clause 10.1)

The Contractor shall obtain a Performance Security of an amount equal to 10% of the Contract Sum.

8. Programme to be Submitted (Sub-clause 14.1 & 14.2.)

The Programme must be submitted in the form of Ganttchart including Cash flow requirement and updated quarterly (every 3months) to show any delays and proposed mitigation measures.

9. Possession of Site & Handover of Rolling Stock (Sub-clause 42.1) The Contractor will be given possession of the coaching stock in stages as follows: (a) Not less than 50% of the coaches (10 Nos) by the Commencement

Date. (b) A further 50% of the coaches (10 Nos) by end of the sixth month

after the Commencement Date.

Substantial completion for this specific purpose shall be defined as such level of completion that the Contractor can release the relevant coaches to a Nominated Subcontractor or provide unfettered access and opportunity for other Nominated Subcontractor (Under frame Overhaul subcontractor) to enable the latter undertake its subcontract work without impeding his subcontract work.

10. Time for Completion (Sub-clause 43.1) Coaches handed over to the Contractor for refurbishment shall be substantially completed by the following dates:

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i. The initial 10 (ten) coaches handed over to the Contractor at Commencement Date: Substantial Completion period in six months;

ii. The remaining 10 (ten) coaches shall be handed over to the Contractor after each release of a coach and the last coach being handed over before the end of the sixth month after the Commencement Date.

iii. The Contract Period is twelve (12) months, the Completion Date of ALL the 20 coaches.

11. Working Hours (Sub-clause 45.1)

The normal working hours are: 7.00 hours -16.00 hours, five days a week except official public holidays.

12. Customs and Import Duties (Sub-clause 48.1.)

The Contractor shall pay and be reimbursed by the Employer for the following customs, import duties and taxes in consequence of the importation of the Plant: THERE ARE NO PLANTS/MATERIALS FOR IMPORTATION

13. Defects Liability Period (Sub-clause 49.1)

The Defects Liability Period is six calendar months after the last certificate is issued.

14 Variations (Sub-clause 51.1.) The variation in the contract price shall not exceed 25% of the original contract price. Price variation requests shall be processed by the procuring entity within 60 days of receiving the request.

15. Monthly Payments (Sub-clause 60.2)

In addition to the provisions under Clause 60.1, Payments shall be based on submitted invoice for amount verified and certified by both the Engineer’s Representative and KR’s Inspection & Acceptance Committee established in pursuant to the Public Procurement Act.

16. Interest On Delayed Payment (Sub-clause 60.10)

The interest rate for delayed payment in respect of work dully approved by the Engineer (both in terms of quantity and rate of payment) is simple interest at a rate three percentage points above the Central Bank of Kenya’s average rate for base lending prevailing as of the first day the payment becomes overdue. Provided that no interest shall become payable on work not approved (both in terms of quantity and rate of payment).

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17. Arbitration (Sub-clause 67.3) The rules of arbitration shall be those of the Arbitration Act of the Laws of Kenya. The Arbitrator shall be a person to be agreed between the parties or failing agreement, the Arbitrator shall be appointed by the Chairman Chartered Institute of Arbitrators (Kenya Chapter) or in his absence the Deputy Chairman Chartered Institute of Arbitrators (Kenya Chapter). Arbitration shall take place in Nairobi, Kenya. The language of all arbitration proceedings shall be in English. The cost of arbitration shall be apportioned by the Arbitrator according to his findings.

18. Increase or Decrease of Cost (Sub-clause 70.1)

Other than changes in Government Taxation in VAT, the contract shall be on fixed rate basis.

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SECTION V: SPECIFICATIONS

5.1 THE TWENTY SLEEPER COACHES SELECTED FOR REFURBISHMENT Twenty sleeper coaches selected for refurbishment:

1 2 3 4 5 6 7 8 9 10 2318 2303 2325 2326 2310 2321 2340 2335 2320 2333 11 12 13 14 15 16 17 18 19 20

2332 2336 2309 2314 2324 2304 2339 2301 2306 2316 5.2 SCOPE OF WORKS

a) The entire scope of works covered under this contract comprises of:

i. Coach stripping for preparation of new installation ii. Internal and external coach body repairs, floor repairs on

corroded corrugated sheets iii. Rewiring, electrical fittings and testing iv. Installation of rail car passenger seats: upholstery works v. Installation of hand rails and passenger safety straps vi. Disability rails fittings vii. Installation of flexible coach door extension flap to accommodate

the new platform height of 1200mm and the old platform height of 400mm.

viii. Interior and exterior painting and finishing ix. Safety signage, safety equipment and first aid kit

b) The Contractor shall provide all the materials required to perform the

overhaul of each of the forty coaches under Items shown in the Bill of Quantities.

c) Prior to commencement of rehabilitation works (during handover of the coach to contractor) and after stripping of the coach, the procuring entity together with the contractor shall conduct an inspection of the actual condition of the coach described in this Contract (Inspection Checklist Prior to Commencement of the rehabilitation works and after stripping of the coach). The checklist shall be co-signed by the procuring entity and the contractor.

d) Prior to issuance of Certificate for completed works, the procurement

entity shall appoint an Inspection and Acceptance Committee in

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accordance with the PPAD Act 2015 to conduct an inspection of the works completed as described in this Contract.

e) The Contractor shall coordinate, plan, and provide for or cause to be provided all the necessary inputs including but not limited to supervision, personnel, parts, tools, spares (light bulb, water, relays, hoses, cleaning compound, etc), equipment, facilities, utilities, lubricants, environmental protection and/or disposal services, etc, that necessary go into having a coach satisfactorily refurbished.

f) If for any reason a coach is damaged by the Contractor during repairs or maintenance at the depot, the Contractor at its own expense shall repair or cause to repair such coach to the satisfaction of KR.

g) The Contractor shall be responsible for the safety of all activities in the workshops where the coaches are refurbished.

h) The client will provide the technical drawings from which the BOQ has been extracted. The assignment is expected to be completed within twelve (12) months.

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Inspection Check List Prior to commencement of rehabilitation works and after stripping of the coach Date:………………………. COACH NUMBER _____________

Parts description Remarks Required During Hand-

over to Contractor

After Stripping

Interior Floor & ceiling Windows& Window rubbers Main Door locks& handles Sliding Door locks Sliding plates Vestibule & gang ways Luggage racks Lighting Gang way door pane Roof Ventilators Main & gang way door

panes

Body Roofing End Panel Front Panel Body shell – sides Weight Coach tare weight Coach load capacity Electrical system & fittings Light diffusers 4ft light fittings 63 amps 4 pin industrial

sockets & plugs PVC

Procuring Entity Representative Contractor Representative Name________________________ Name____________________ Signature___________________ Signature_________________ Designation_________________ Designation_______________

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5.3 VARIATION OF CONTRACT

a) KR may at any time, by a written order given to the contractor, make variations within the general scope of the Contract in any of or all of the following:

i. Drawing, designs or specifications. ii. Place of delivery. iii. Services to be provided by the contractor. iv. Vary the quantity (number) of coaches for refurbishment or

change coach number or replace if necessary the coach varied.

b) If any such variation causes an increase or decrease in the cost

of, or time required for the Contractors performance of any part of the work under the Contractor, whether changed or not changed by the order, an equitable adjustment shall be made in the Contract price or delivery schedule or both, and the Contract shall be accordingly amended.

5.4 KR COACH COLOUR SHADES SPECIFICATIONS The coach paint works has the following colour shades specifications:- Colour Pantone C M Y K

Coach body interior and exterior Brown 505C 29 100 100 38 Orange 179C 0 80 95 0 Yellow 123C 0 33 100 0 Black 0 0 0 100 White Matt Ivory Matt Green

Nairobi Commuter Services Logo Brown 505C 29 100 100 38 Orange 179C 0 80 95 0 Yellow 123C 0 33 100 0 The Commuter colour shades shall be provided during paint works.

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SECTION VI:

DRAWINGS

Note 1. A list of contract drawings are attached. Note 2. Pictures showing the flexible coach door step extension flap.

-image of the flexible door extension flap.-flexible door extension intact.

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SECTION VII:

BILLS OF QUANTITIES

1. PRELIMINARIES: KRC/PLM/025/2017-2018

The Contractor shall price his cost for provision of the following preliminary items:- Bill No. 1: Preliminaries: KRC/PLM/025/2017-2018 ITEM DESCRIPTION COST (Kes)

1 Security at workplace 2 Insurance for workers 3 Safety Wear (Cloths, Shoes/boots, helmets, goggles

etc)

SUB TOTAL FOR BILL NO. 1 TO COLLECTION ON PAGE 50: Total Price of Preliminaries

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2. BILL OF QUANTITY FOR WORKS ON THE TWENTY

COACHING STOCK: KRC/PLM/025/2017-2018

ITEM DESCRIPTION UNIT QTY UNIT RATE Kshs.

AMOUNT Kshs.

Material (A) (B) AxB

2 BILL NO 2: COACH BODY REPAIRS, FLOOR REPAIRS, INTERIOR & EXTERIOR FITTINGS

2.01

Position and strip as follows: dismantle and remove compartments, remove sleeper beds, remove all component parts inside the coach compartment, strip wall cover, remove floor to expose corroded floor/parts, remove window rubber, dismantle toilets area, remove ventilators, sliding plates, gangway, vestibules etc to prepare the coach for interior repairs, fittings, paint works and repairs of components NO 1

2.02

Provide the necessary surface preparations materials for: cleaning, welding, arc welding, pit welding, tig welding, jointing, screws, machine screws, riveting, greasing, nuts, bolts, spring washers, flat washers, split pins, rivets, pins, sealant, joining and all other consumables, fasteners and testing required for the execution and completion of the work item NO 1

2.03 Replace all Main door locks five lever 4 x 20 (heavy duty) NO 4 2.04 Replace all Sliding door locks 3 lever 2 x 20 (heavy duty) NO 2 2.05 Replace all door tower bolts 6” NO 6

2.06 Renew and fit Vestibule Canvases and all vestibule/gangway associated fittings LM 32

2.07

Repair corroded portions of corrugated sheet floor with 3/32 sheet and provide and install Checkered Plate 4' x 8' x 4mm thick for the floor cover NO 20

2.08

Provide and install overhead safety hanging safety straps for standing passengers bolted onto the horizontal pipe properly spaced NO 100

2.09

Provide and install passenger seats in a longitudinal arrangement, fitted on heavy duty (16g) steel frames with heavy duty (70mm) durable upholstery sewed with nylon (PVC) covers NO 62

SUB TOTAL FOR BILL NO. 2A TO COLLECTION ON PAGE 48:Total Price of Materials &

Labour

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BILL NO 2: COACH BODY REPAIRS, FLOOR REPAIRS, INTERIOR & EXTERIOR FITTINGS

2.1

Provide and install non weld steel yellow colour tubes of 6.0 x 2 x 32mm for internal rails mounted with mechanical fasteners joints of similar material and colour and anti vibration lock:- longitudinal pipes, vertical members, cross members and safety rails for disable passengers: total length 210ft (64m) to include all necessary fittings and fasteners. LM 64

2.11 MDF ply wood ¾” x 4' x 8' (toilet area) NO 6 2.12 Formica 1/32” x 4” x 8” toilet area 6 x 20 NO 6 2.13 Aluminum angle iron (1/16)1” x 1” x 7’ NO 10 2.14 Replace missing or damaged commando door handles NO 8

2.15 Provide and install rubber door stopper located at the roof for safety NO 4

2.16 Repair clean roof ventilators and fit NO 6 2.17 Replace any broken gangway door pane NO 2

2.18 Provide and fit window rubber and secure with 3mm steel sheet with powder coating in same colour with wall. LM 80

2.19 Provide and install top sliding widow shutters NO 20 2.2 Window pane (toilet) 4 x 20 replace opaque with clear panes NO 4

2.21 Stick moulding strip 30m LM 30

2.22 Supply and install two First Aid Kit box complete with required medicines NO 2

2.23 Supply and install two fire extinguishers at the ends of the coach: 6kgs Dry Powder NO 2

2.24

Design and install suitable door step extension which is flexible to fit 1200mm platform height and 400mm platform height with approx. 2" gap between step and platform NO 4

2.25

Design and install luggage racks inside the coach on each side 47ft length by 2 ft width at 6ft 4in high from the floor of the coach with powder coated mild steel tubular section complete with flat bar secured on the body of the coach. NO 2

SUB TOTAL FOR BILL NO. 2B TO COLLECTION ON PAGE 48:Total Price of Materials & Labour

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SUMMARY OF BILL NO 2: COACH BODY REPAIRS, FLOOR REPAIRS, INTERIOR & EXTERIOR FITTINGS

ITEM DESCRIPTION AMOUNT Kes. 1 SUB TOTAL FOR BILL NO. 2A: COLLECTION

FROM PAGE 46:Total Price of Materials & Labour

2 SUB TOTAL FOR BILL NO. 2B: COLLECTION FROM PAGE 47:Total Price of Materials & Labour

TOTAL OF SUB-TOTAL NO.2 (2A + 2B): TO COLLECTION ON PAGE 50:Total Price of Materials

ITEM DESCRIPTION UNIT QTY UNIT

RATE Kshs.

AMOUNT Kshs.


3 BILL NO 3 : ELECTRICAL SYSTEM & FITTINGS

3.01 Prepare and extrude all existing/old cables on each coach in preparation for rewiring NO 1

3.02 Auto cable 16mm single core cables red LM 30 3.03 Auto cable 16mm single core cables black LM 30 3.04 Auto cable 16mm single core cables green LM 30 3.05 Auto cable 2.5 mm single core cable red, black & green ROLL 5 3.06 Auto cable 16mm 3 core flexible jumper cable PCS 1 3.07 63 amps 4 pin industrial sockets & plugs PVC PCS 2 3.08 Lighting fittings 4ft fittings complete PCS 16 3.09 Light diffusers (replaced light fittings energy savers) PCS 16 3.1 Miniature circuit breakers double pole 20amps PCS 4

3.11 Cable Terminals PCS 6

3.12

Perform electrical testing (megger test) on the coach for completeness after rewiring as necessary for the proper execution the works: Provide Test Certificate NO 1

SUB TOTAL FOR BILL NO. 3: TO COLLECTION ON PAGE 50:Total Price of Materials & Labour

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ITEM DESCRIPTION UNIT QTY UNIT RATE Kshs.

AMOUNT Kshs.


4 BILL NO 4: PAINTING & FINISHES

4.01

Prepare and clean external body surface to receive paint: water, turpentine, paint remover, scrubbing, detergent, sanding, filler, grinding, mutton, etc. SM 300

4.02 The external paint works shall be applied as necessary (each coats 300 m²)., three coats (including under coat) SM 900

4.03 Supply/paint the Nairobi Commuter Services Logo (762mm x 537 mm) at both sides mid a coach NO 2

4.04

Supply/paint the safety signage inside the coach with the following signs: Coach number at ends (2); Reserved sitting for Disability (4), No Smoking signs(4), Fire Extinguisher signs (2), Air emergency brake signs (1), First Aid Kit signs (2) NO 15

4.05 Supply/paint the signage on the coach body: Coach number at ends both sides (2) NO 2

SUB TOTAL FOR BILL NO. 4: TO COLLECTION ON PAGE 40:Total Price of Materials & Labour

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REFURBISHMENT OF TWENTY (20) SLEEPER COACHES ITEM DESCRIPTION AMOUNT Kes. 1 SUB-TOTAL FOR BILL NO. 1: Preliminaries

:KRC/PLM/025/2017-2018 : FROM PAGE 45

2

SUB-TOTAL FOR BILL NO. 2: COACH BODY REPAIRS, FLOOR REPAIRS, INTERIOR & EXTERIOR FITTINGS: KRC/PLM/025/2017-2018: FROM PAGE 47

SUB-TOTAL FOR BILL NO. 3: ELECTRICAL SYSTEM & FITTINGS: KRC/PLM/025/2017-2018: FROM PAGE 48

SUB-TOTAL FOR BILL NO.4: PAINTING & FINISHES: KRC/PLM/025/2017-2018: FROM PAGE 49

TENDER TOTAL AMOUNT FOR REFURBISHMENT OF ONE (1) SLEEPER COACH

ADD 16% VALUE ADDED TAX (VAT)

TOTAL FOR REFURBISHMENT OF ONE (1) SLEEPER COACH

GRAND TOTAL FOR REFURBISHMENT OF TWENTY (20) SLEEPER COACHES

Tender Price Carried to Form of Tender …………………………………….

……………………………………………………………………………………

……………………………………………………………………………………

……………………………………………………………………………………

……………………………………………………………………………………

Signed……………………………....... Date…................................................

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SECTION VIII STANDARD FORMS

1. Form of Invitation for Tenders 2. Form of Tender 3. Appendix to Form of Tender 4. Letter of Acceptance 5. Letter of Acceptance 6. Form of Agreement 7. Form of Tender Security 8. Performance Bank Guarantee (unconditional) 9. Bank Guarantee for Advance Payment 10. Tender Questionnaire 11. Confidential Business Questionnaire 12. Statement of Foreign Currency Requirement 13. Schedule of Materials;- Basic Prices 14. Notification to Enter Into a Contract 15. Manufacturer Authorization Form 16. Pre-Tender Meeting Certificate 17. Request for Review Form

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FORM OF INVITATION FOR TENDERS

_______________________[date]

To: _____________________________________ [name of Contractor] _____________________________________[address] _____________________________________ _____________________________________ Dear Sirs: Reference:_________________________________________[Contract Name] You have been prequalified to tender for the above project. We hereby invite you and other prequalified tenderers to submit a tender for the execution and completion of the above Contract. A complete set of tender documents may be purchased by you from _________________________ [mailing address, cable/telex/facsimile numbers]. Upon payment of a non-refundable fee of Kshs __________________ All tenders must be accompanied by ________________number of copies of the same and a security in the form and amount specified in the tendering documents, and must be delivered to ____________________________________________________________________ [address and location] at or before _______________________(time and date). Tenders will be opened immediately thereafter, in the presence of tenderers’ representatives who choose to attend. Please confirm receipt of this letter immediately in writing by cable/facsimile or telex. Yours faithfully, _____________________________________ Authorised Signature _____________________________________ Name and Title

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FORM OF TENDER TO: __________________________[Name of Employer) ____________[Date] __________________________[Name of Contract] Dear Sir, 1. In accordance with the Conditions of Contract, Specifications, Drawings and Bills of

Quantities for the execution of the above named Works, we, the undersigned offer to construct, install and complete such Works and remedy any defects therein for the sum of Kshs._____________________________[Amount in figures]Kenya Shillings___________________________________________________________________________________________[Amount in words]

2. We undertake, if our tender is accepted, to commence the Works as

soon as is reasonably possible after the receipt of the Project Manager’s notice to commence, and to complete the whole of the Works comprised in the Contract within the time stated in the Appendix to Conditions of Contract.

3. We agree to abide by this tender until ___________________[Insert date], and it shall

remain binding upon us and may be accepted at any time before that date. 4. Unless and until a formal Agreement is prepared and executed this tender together with

your written acceptance thereof, shall constitute a binding Contract between us. 5. We understand that you are not bound to accept the lowest or any tender you may receive.

Dated this ____________________ day of _______20________________ Signature __________________in the capacity of___________________ duly authorized to sign tenders for and on behalf of _____________________________________________[Name of Employer] of___________________________________________[Address of Employer] Witness; Name______________________________________ Address_____________________________________ Signature___________________________________ Date_______________________________________

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APPENDIX TO FORM OF TENDER

(This appendix forms part of the tender)

CONDITIONS OF CONTRACT CLAUSE AMOUNT

Tender Security (Bank Guarantee only) Kshs.3 million Amount of Performance Security (Unconditional Bank Guarantee)

30.1 10% percent of Tender Sum in the form of Unconditional Bank Guarantee issued by an authorized financial institution(Tier 1 Banks) or an irrevocable letter of credit by a similar financial institution.

Program of works to be submitted 14.1 Not later than 14 days after issuance of Order to Commence

Cash flow statement to be submitted 14.3 Not later than 21 days after issuance of Order to Commence

Minimum amount of Third Party Insurance 23.2 Kshs.8,000,000/= Period for commencement, from the Engineer’s order to commence

41.1 14 days

Time for completion 43.1 18 Months Amount of liquidated damages 47.1 Ksh.10,000 per day per coach

not handed over. Limit of liquidated damages 47.1 25 % of Contract Value Defect Liability period 49.1 180 days Percentage of Retention 60.5 10% of Interim Payment Certificate Limit of Retention Money 60.5 10 % of Contract Price Minimum amount of interim certificates 60.2 Contract value/Time for completion

in months Time within which payment to be made after Interim Payment Certificate signed by Engineer and Inspection & Acceptance Committee

60.8 30 days

Time within which payment to be made after Final Payment Certificate signed by Engineer & Inspection & Acceptance Committee

60.8 45 days

Interest on Delayed Payments 60.10 Simple interest at CBK lending Rate+ 3%

Appointer of Arbitrator 67(3) Chairman, Chartered Institute of Arbitrators (Kenya Chapter)

Notice to Employer and Engineer 68.2 The Employers address is: Managing Director, Kenya Railways P.O. Box 300121-00100 NAIROBI The Engineer’s address is: General Manager (Concession), Kenya Railways P.O. Box 300121-00100 NAIROBI

Signature of Tender…………………………………Date……………………

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LETTER OF ACCEPTANCE

[letterhead paper of the Employer] _______________________[date] To: _______________________ [name of the Contractor] _____________________ [address of the Contractor] Dear Sir, This is to notify you that your Tender dated ___________________________ for the execution of ________________________________________________ [name of the Contract and identification number,as given in the Tender documents] for the Contract Price of Kshs. __________________________ [amount in figures][Kenya Shillings______________________________(amount in words) ] in accordance with the Instructions to Tenderers is hereby accepted. You are hereby instructed to proceed with the execution of the said Works in accordance with the Contract documents. Authorized Signature ………………………………………………………………… Name and Title of Signatory ………………………………………………………… Attachment : Agreement

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FORM OF AGREEMENT THIS AGREEMENT, made the _________________ day of ________ 20 ______ between________________________________________________of[or whose registered office is situated at]__________________________________________ (hereinafter called “the Employer”) of the one part AND ________________________________________________________of[or whose registered office is situated at]_________________________________________ (hereinafter called “the Contractor”) of the other part. WHEREAS THE Employer is desirous that the Contractor executes ________________________________________________________________________ (name and identification number of Contract ) (hereinafter called “the Works”) located at______________________________[Place/location of the Works]and the Employer has accepted the tender submitted by the Contractor for the execution and completion of such Works and the remedying of any defects therein for the Contract Price of Kshs___________________________[Amount in figures],Kenya Shillings_____________________________________________[Amount in words]. NOW THIS AGREEMENT WITNESSETH as follows: 1. In this Agreement, words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract hereinafter referred to. 2. The following documents shall be deemed to form and shall be read and construed as

part of this Agreement i.e.

(i) Letter of Acceptance

(ii) Form of Tender

(iii) Conditions of Contract Part I

(iv) Conditions of Contract Part II and Appendix to Conditions of Contract

(v) Specifications

(vi) Drawings

(vii) Priced Bills of Quantities 3. In consideration of the payments to be made by the Employer to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and complete the Works and remedy any defects therein in conformity in all respects with the provisions of the Contract.

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4. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

IN WITNESS whereof the parties thereto have caused this Agreement to be executed the day and year first before written. The common Seal of _________________________________________________ Was hereunto affixed in the presence of ________________________________ Signed Sealed, and Delivered by the said ______________________________ Binding Signature of Employer ________________________________________ Binding Signature of Contractor _______________________________________ In the presence of (i) Name_______________________________________ Address_____________________________________ Signature___________________________________

[ii] Name _______________________________________ Address_____________________________________ Signature____________________________________

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FORM OF TENDER SECURITY WHEREAS ………………………………………..(hereinafter called “the Tenderer”) has submitted his tender dated ………………………… for the construction of ……………………………………………………………………… …………………… (name of Contract) KNOW ALL PEOPLE by these presents that WE ……………………… having our registered office at ………………(hereinafter called “the Bank”), are bound unto ……………………………(hereinafter called “the Employer”) in the sum of Kshs.……………………… for which payment well and truly to be made to the said Employer, the Bank binds itself, its successors and assigns by these presents sealed with the Common Seal of the said Bank this ……………. Day of ………20………… THE CONDITIONS of this obligation are: 1. If after tender opening the tenderer withdraws his tender during the period of tender

validity specified in the instructions to tenderers Or

2. If the tenderer, having been notified of the acceptance of his tender by the Employer during the period of tender validity:

(a) fails or refuses to execute the form of Agreement in accordance with the

Instructions to Tenderers, if required; or (b) fails or refuses to furnish the Performance Security, in accordance with the

Instructions to Tenderers; (c) rejects a correction of an arithmetic error in the tender.

We undertake to pay to the Employer up to the above amount upon receipt of his first written demand, without the Employer having to substantiate his demand, provided that in his demand the Employer will note that the amount claimed by him is due to him, owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This guarantee will remain in force up to and including thirty (30) days after the period of tender validity, and any demand in respect thereof should reach the Bank not later than the said date.

___________________________ ______________________________ [date[ [signature of the Bank] ___________________________ ______________________________ [witness] [seal]

(Amend accordingly if provided by Insurance Company)

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PERFORMANCE BANK GUARANTEE (UNCONDITIONAL) To: _________________________(Name of Employer) ___________(Date) __________________________(Address of Employer) Dear Sir, WHEREAS ______________________(hereinafter called “the Contractor”) has undertaken, in pursuance of Contract No. _____________ dated _________ to execute _______________ (hereinafter called “the Works”); AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract; AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee: NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Contractor, up to a total of Kshs. ________________ (amount of Guarantee in figures) Kenya Shillings__________________________________________ (amount of Guarantee in words), and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of Kenya Shillings _________________________ (amount of Guarantee in words) as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with the demand. We further agree that no change, addition or other modification of the terms of the Contract or of the Works to be performed thereunder or of any of the Contract documents which may be made between you and the Contractor shall in any way release us from any liability under this Guarantee, and we hereby waive notice of any change, addition, or modification. This guarantee shall be valid until the date of issue of the Certificate of Completion.

SIGNATURE AND SEAL OF THE GUARANTOR ___________________ Name of Bank ____________________________________________

Address ________________________________________________

Date ______________________________________________________

(Amend accordingly if provided by Insurance Company)

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BANK GUARANTEE FOR ADVANCE PAYMENT To: ________________________ [name of Employer] ___________(Date) ___________________ [address of Employer] Gentlemen, Ref: _______________________________________________[name of Contract] In accordance with the provisions of the Conditions of Contract of the above-mentioned Contract, We,_______________________________________[name and Address of Contractor] (hereinafter called “the Contractor”) shall deposit with _______________________________[name of Employer] a bank guarantee to guarantee his proper and faithful performance under the said Contract in an amount of Kshs._____________[amount of Guarantee in figurers] Kenya Shillings_____________________________________[amount of Guarantee in words]. We, ________________[bank or financial institution], as instructed by the Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the payment to ___________________________[name of Employer] on his first demand without whatsoever right of objection on our part and without his first claim to the Contractor, in the amount not exceeding Kshs________________________[amount of Guarantee in figures] Kenya Shillings _____________________________________________________________[amount of Guarantee in words], such amount to be reduced periodically by the amounts recovered by you from the proceeds of the Contract. We further agree that no change or addition to or other modification of the terms of the Contract or of the Works to be performed thereunder or of any of the Contract documents which may be made between ________________________[name of Employer] and the Contractor, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. No drawing may be made by you under this guarantee until we have received notice in writing from you that an advance payment of the amount listed above has been paid to the Contractor pursuant to the Contract. This guarantee shall remain valid and in full effect from the date of the advance payment under the Contract until ____________________________________(name of Employer) receives full payment of the same amount from the Contract. Yours faithfully, Signature and Seal __________________________________________________ Name of the Bank or financial institution ______________________________ Address ______________________________________________________________

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Date _________________________________________________________________ Witness: Name: ____________________________________________________ Address: __________________________________________________ Signature: ________________________________________________ Date: _____________________________________________________

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TENDER QUESTIONNAIRE

Please fill in block letters. 1. Full names of tenderer

……………………………………………………………………………………… 2. Full address of tenderer to which tender correspondence is to be sent (unless an agent

has been appointed below)

……………………………………………………………………………………… 3. Telephone number (s) of tenderer

……………………………………………………………………………………… 4. Telex address of tenderer

……………………………………………………………………………………… 5. Name of tenderer’s representative to be contacted on matters of the tender during the

tender period

……………………………………………………………………………………… 6. Details of tenderer’s nominated agent (if any) to receive tender notices. This is

essential if the tenderer does not have his registered address in Kenya (name, address, telephone, telex)

……………………………………………………………………………………… ……………………………………………………………………………………… _______________________ Signature of Tenderer Make copy and deliver to:_____________________(Name of Employer)

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DECLARATION FORM Date To The tenderer i.e. (name and address) declare the following: a) Has not been debarred from participating in public procurement. b) Has not been involved in and will not be involved in corrupt and

fraudulent practices regarding public procurement. Title Signature Date (To be signed by authorized representative and officially stamped)

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INTEGRITY DECLARATION UNDERTAKING BY TENDERER ON ANTI – BRIBERY POLICY / CODE OF CONDUCT AND COMPLIANCE PROGRAMME 1. Each Tenderer must submit a statement, as part of the Tender documents, in

either of the two given formats which must be signed personally by the Chief Executive Officer or other appropriate senior corporate officer of the Tendering company and, where relevant, of its subsidiary in the Kenya. If a Tender is submitted by a subsidiary, a statement to this effect will also be required of the parent company, signed by its Chief Executive Officer or other appropriate senior corporate officer.

2. Tenderers will also be required to submit similar No-bribery commitments from their subcontractors and consortium partners; the Tenderer may cover the subcontractors and consortium partners in its own statement, provided the Tenderer assumes full responsibility.

3. a) Payment to agents and other third parties shall be limited to appropriate

compensation for legitimate services.

a) Each Tenderer will make full disclosure in the Tender documentation of the beneficiaries and amounts of all payments made, or intended to be made, to agents or other third parties (including political parties or electoral candidates) relating to the Tender and, if successful, the implementation of the contract.

b) The successful Tenderer will also make full disclosure [quarterly or semi-

annually] of all payments to agents and other third parties during the execution of the contract. Within six months of the completion of the performance of the contract, the successful Tenderer will formally certify that no bribes or other illicit commissions have been paid. The final accounting shall include brief details of the goods and services provided that they are sufficient to establish the legitimacy of the payments made.

c) Statements required according to subparagraphs (b) and (d) of this paragraph

will have to be certified by the company's Chief Executive Officer, or other appropriate senior corporate officer.

4.Tenders which do not conform to these requirements shall not be

considered. 5. If the successful Tenderer fails to comply with its No-bribery commitment,

significant sanctions will apply. The sanctions may include all or any of the following:

a) Cancellation of the contract;

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b) Liability for damages to the public authority and/or the unsuccessful competitors in the Tendering possibly in the form of a lump sum representing a pre-set percentage of the contract value (liquidated).

6. Tenderers shall make available, as part of their Tender, copies of their anti-Bribery

Policy/Code of Conduct, if any, and of their-general or project - specific - Compliance Program.

7. The Government of Kenya has made special arrangements for adequate oversight

of the procurement process and the execution of the contract, and has invited civil society and other competent Government Departments to participate in the oversight. Those charged with the oversight responsibility will have full access to all documentation submitted by Tenderers for this contract, and to which in turn all Tenderers and other parties involved or affected by the project shall have full access (provided, however, that no proprietary information concerning a Tenderer may be disclosed to another Tenderer or to the public).

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ANTI-CORRUPTION DECLARATION COMITMENT/ PLEDGE (Sections 62 of Public Procurement and Assets Disposal, Act 2015) I/We/Messrs…………………………………………………. of Street, Building, P O Box……………………………………………………… …………………………………………………………………………………….. Contact/Phone/E mail……………………………………………………………….. declare that Public Procurement is based on a free and fair competitive Tendering process which should not be open to abuse. I/We...………………………………………………………………………………….. declare that I/We will not offer or facilitate, directly or indirectly, any inducement or reward to any public officer, their relations or business associates, in connection with Tender/Tender No …………………………………………………………………. for or in the subsequent performance of the contract if I/We am/are successful. Authorized Signature................................................................................................ Name and Title of Signatory……………………………………………………………… Stamp………………………………………………………………………………………….

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CONFIDENTIAL BUSINESS QUESTIONNAIRE

You are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2 (b) or 2 (c) and 2 (d) whichever applies to your type of business. You are advised that it is a serious offence to give false information on this Form. Part 1 – General Business Name ……………………………………………………………………… Location of business premises; Country/Town………………………. Plot No……………………………………… Street/Road ………………………… Postal Address……………………………… Tel No……………………………….. Nature of Business………………………………………………………………….. Current Trade Licence No…………………… Expiring date………………… Maximum value of business which you can handle at any time: K. pound……………………….. Name of your bankers……………………………………………………………… Branch………………………………………………………………………………… Part 2 (a) – Sole Proprietor Your name in full…………………………………… Age………………………… Nationality………………………………… Country of Origin………………… *Citizenship details …………………………………………………………………

Part 2 (b) – Partnership

Give details of partners as follows:

Name in full Nationality Citizenship Details Shares

1…………………………………………………………………………………… 2…………………………………………………………………………………… 3……………………………………………………………………………………

Part 2(c) – Registered Company:

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Private or public…………………………………………………………… State the nominal and issued capital of the Company- Nominal Kshs………………………………………………………………… Issued Kshs…………………………………………………………………… Give details of all directors as follows: Name in full . Nationality. Citizenship Details*. Shares. 1. ……………………………………………………………………………………… 2. ……………………………………………………………………………………… 3. ……………………………………………………………………………………… 4. ……………………………………………………………………………………… Part 2(d) – Interest in the Firm: Is there any person / persons in …………… ………(Name of Employer) who has interest in this firm? Yes/No………………………(Delete as necessary) I certify that the information given above is correct. ……………………… ……………………… ………………… (Title) (Signature) (Date)

* Attach proof of citizenship

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STATEMENT OF FOREIGN CURRENCY REQUIREMENTS

(See Clause 60[5] of the Conditions of Contract)

In the event of our Tender for the execution of__________________ __________________________(name of Contract) being accepted, we would require in accordance with Clause 21 of the Conditions of Contract, which is attached hereto, the following percentage: (Figures)………………………… (Words)………………………………… of the Contract Sum, (Less Fluctuations) to be paid in foreign currency. Currency in which foreign exchange element is required: ………………………………………………………………………………… Date: The ………… Day of …………….. 20…………………………… Enter 0% (zero percent) if no payment will be made in foreign currency. Maximum foreign currency requirement shall be _____________(percent) of the Contract Sum, less Fluctuations.

_____________________ (Signature of

Tenderer)

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SCHEDULE OF MATERIALS;-BASIC PRICES (Ref: Clause 70 of Conditions of Contract)

MATERIAL

UNIT

ORIGIN AND PRICE

COUNTRY OF ORIGIN SUPPLIER PRICE

TRANSPORT ATION COST

FROM SOURCE OF ORIGIN

MODE PRICE (KSHS)

Cement Mg Lime Mg Sand Mg

Aggregate Mg Diesel L

Regular Petrol L Super Petrol L

Kerosene L Structural steel Mg Gabion Mesh M2 Reinforcement

Steel

Mg

Explosives Kg Oil and

Lubricants L

Bitumen Emulsion A3

L

Bitumen Emulsion A4

L

Bitumen Emulsion K1

L

Bitumen Emulsion K3

L

Bitumen 80/100 Kg Bitumen MC 30 ML

Bitumen MC 70 L

Bitumen MC 3000 L

Ammonium nitrate for blasting

Kg

I certify that the above information is correct. …………………………… ………………………… ……………………

(Title) (Signature) (Date)

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The prices inserted above shall be those prevailing 30 days before the submission of Tenders and shall be quoted in Kenya Shillings using the exchange rates specified in the Appendix to Form of Tender. Prices of imported materials to be quoted CIF Mombasa or Nairobi as appropriate depending on whether materials are imported by the tenderer directly or through a local agent. Transportation costs for imported materials to be quoted from Mombasa or Nairobi as appropriate to _______________(Contract Site) depending on whether materials are imported directly by the tenderer or through a local agent.

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NOTIFICATION OF INTENTION TO ENTER INTO CONTRACT

Address of Procuring Entity _____________________ _____________________ To: RE: Tender No. Tender Name This is to notify that the contract/s stated below under the above mentioned tender have been awarded to you.

1. Please acknowledge receipt of this letter of notification signifying your acceptance. 2. The contract/contracts shall be signed by the parties within 30 days of the date of this

letter but not earlier than 14 days from the date of the letter.

3. You may contact the officer(s) whose particulars appear below on the subject matter

of this letter of notification of award. (FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER

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MANUFACTURER’S AUTHORIZATION FORM To [name of the Procuring entity] …………………. WHEREAS ………………………………………………………… [name of the manufacturer] who are established and reputable manufacturers of ………………….. [name and/or description of the goods]having factories at ………………………………… [address of factory] do hereby authorize ………………………… [name and address of Agent] to submit a tender, and subsequently negotiate and sign the Contract with you against tender No. ………………………. [reference of the Tender] for the above goods manufactured by us. We hereby extend our full guarantee and warranty as per the General Conditions of Contract for the goods offered for supply by the above firm against this Invitation for Tenders. [signature for and on behalf of manufacturer] Note: This letter of authority should be on the letterhead of the Manufacturer and should be

signed by a person competent.

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PRE-TENDER MEETING CERTIFICATE

TENDER FOR REFURBISHMENT OF TWENTY (20 NO) PASSANGER SLEEPER COACHES

TENDER NO: KRC/PLM/025/2017-2018

The tenderer shall attend a visit the site to ascertain the nature and magnitude of works before submitting the bid. The tenderer will be free to visit at any time but are encouraged to attend the Pre-Tender meeting scheduled to take place on Thursday March 1, 2018 at 10:00 a.m at Kenya Railway Headquarters’ to enable them understand the scope of the work better. Kenya Railways Designated officer will conduct the bidders through the site visit as and when requested during the official working hours. _________________________________________________________

I hereby certify that I have attended the Pre-Tender site meeting and am familiar with Tender requirement for refurbishment.

1) TENDERERS NAME…………………………………

2) SIGN…………………………………………… DATE………………….. 2) DESIGNATED KR OFFICER…………………………………….. SIGN…………………… ……………… DATE………………………………………

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LITIGATION HISTORY Name of Contract Supplier Contractors/Suppliers should provide information on any history of litigation or arbitration resulting from contracts executed in the last five years or currently under execution. YEAR AWARD FOR OR AGAINST NAME OF CLIENT, CAUSE

OF LITIGATION AND MATTER IN DISPUTE

DISPUTED AMOUNT (CURRENT VALUE, KSHS. EQUIVALENT

Signed.................................................................. Date...................................................................... Stamp

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FORM RB 1

REPUBLIC OF KENYA

PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

APPLICATION NO…………….OF……….….20……...

BETWEEN

…………………………………………….APPLICANT

AND

…………………………………RESPONDENT (Procuring Entity)

Request for review of the decision of the…………… (Name of the Procuring Entity) of

……………dated the…day of ………….20……….in the matter of Tender No………..…of

…………..20…

REQUEST FOR REVIEW

I/We……………………………,the above named Applicant(s), of address: Physical

address…………….Fax No……Tel. No……..Email ……………, hereby request the Public

Procurement Administrative Review Board to review the whole/part of the above mentioned decision

on the following grounds , namely:-

1.

2.

etc.

By this memorandum, the Applicant requests the Board for an order/orders that: -

1.

2.

etc

SIGNED ……………….(Applicant)

Dated on…………….day of ……………/…20…

FOR OFFICIAL USE ONLY

Lodged with the Secretary Public Procurement Administrative Review Board on ………… day of

………....20….………

SIGNED Board Secretary